Florida No-Fault Insurance Explained: Complete PIP Guide 2025
Understanding Personal Injury Protection (PIP), coverage requirements, and when Florida law allows you to sue after a car accident.
If you've been injured in a Florida car accident, contact Cardinal Law at 239-610-0845 for a free consultation.
Florida is one of only a few "no-fault" insurance states, meaning your own insurance company pays your medical bills and lost wages after a car accident—regardless of who caused the crash. This system, governed by Florida's Personal Injury Protection (PIP) law, can be confusing for accident victims who want to hold negligent drivers accountable.
At Cardinal Law, our experienced car accident attorneys help Naples, Fort Myers, and Southwest Florida clients navigate Florida's complex no-fault insurance system daily. This comprehensive guide explains everything you need to know about Florida PIP coverage, when you can step outside the no-fault system to sue, and how to maximize your compensation after a serious accident.
What is Florida's No-Fault Insurance System?
Florida's no-fault insurance law requires all drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. Under this system:
- •Your own insurance pays first: After an accident, you file a claim with your own PIP insurance, not the at-fault driver's insurance
- •Fault doesn't matter initially: You receive PIP benefits even if you caused the accident
- •Limited coverage: PIP only covers medical expenses and lost wages up to policy limits
- •No pain and suffering: PIP does not compensate for non-economic damages like pain, suffering, or emotional distress
- •Threshold for lawsuits: You can only sue the at-fault driver if your injuries meet Florida's "serious injury threshold"
Florida PIP Coverage Requirements
Minimum Required Coverage
Florida Statute 627.736 requires all registered vehicle owners to maintain:
Medical Expense Benefits
$10,000
Covers 80% of medical and rehabilitation expenses, up to the policy limit
Lost Wage Benefits
60%
Covers 60% of lost wages and earning capacity, up to the policy limit
Important Limitations:
- Medical visit within 14 days: You must seek medical treatment within 14 days of the accident or lose PIP coverage (with limited exceptions)
- Emergency medical condition required: Full $10,000 coverage only applies if a physician determines you have an "emergency medical condition." Otherwise, coverage is limited to $2,500
- Death benefit: PIP includes a $5,000 death benefit for funeral and burial expenses
What Does Florida PIP Insurance Cover?
Covered Expenses
- ✓Emergency medical treatment - Hospital emergency room visits, ambulance transport, surgeries
- ✓Doctor visits and specialist care - Follow-up appointments, physical therapy, chiropractic care
- ✓Diagnostic tests - X-rays, MRIs, CT scans, blood work
- ✓Prescription medications - Medications related to accident injuries
- ✓Rehabilitation services - Physical therapy, occupational therapy
- ✓Lost wages (60%) - Income you couldn't earn due to accident injuries
- ✓Household services - If injuries prevent you from performing normal household tasks
- ✓Death benefits - $5,000 for funeral and burial expenses
NOT Covered by PIP
- ✗Pain and suffering - Physical pain, emotional distress, mental anguish
- ✗Property damage - Vehicle repairs, personal property damage (covered by property damage liability insurance)
- ✗100% of lost wages - Only 60% of lost income is covered
- ✗Future medical expenses - Beyond the $10,000 limit
- ✗Loss of quality of life - Inability to enjoy hobbies, relationships, activities
- ✗Permanent disability or disfigurement - Scarring, amputation, paralysis (requires lawsuit)
Florida's Serious Injury Threshold: When You Can Sue
Florida's no-fault law restricts your ability to sue the at-fault driver. You can only file a lawsuit for pain and suffering damages if your injuries meet the "serious injury threshold" defined in Florida Statute 627.737.
Qualifying Serious Injuries
You may sue the at-fault driver if your accident caused:
- 1.Significant and permanent loss of an important bodily function - Examples: Loss of vision, hearing, organ function, reproductive ability
- 2.Permanent injury within a reasonable degree of medical probability - Must be confirmed by medical evidence, not just temporary conditions
- 3.Significant and permanent scarring or disfigurement - Visible scars on the face, neck, or other prominent areas
- 4.Death - Wrongful death claims are exempt from the threshold requirement
Medical Documentation is Critical
Meeting the serious injury threshold requires extensive medical documentation. Insurance companies and defense attorneys will challenge threshold claims aggressively. You need:
- • Comprehensive medical records documenting the permanency of your injuries
- • Expert medical testimony from qualified physicians
- • Objective diagnostic evidence (MRIs, X-rays, CT scans)
- • Proof that injuries are "significant" and not minor or temporary
Common Injuries That Meet Florida's Serious Injury Threshold
Spinal Injuries
- • Herniated or bulging discs with permanent nerve damage
- • Spinal cord injuries causing paralysis
- • Fractured vertebrae with lasting impairment
- • Chronic back pain limiting mobility
Brain Injuries
- • Traumatic brain injury (TBI) with cognitive impairment
- • Loss of memory, concentration, or mental function
- • Seizure disorders from head trauma
- • Permanent personality or behavioral changes
Orthopedic Injuries
- • Joint damage requiring surgery or replacement
- • Amputations or loss of limbs
- • Severe fractures with permanent limitations
- • Torn ligaments/tendons preventing normal function
Scarring & Disfigurement
- • Facial scarring that significantly alters appearance
- • Burn scars covering substantial body areas
- • Surgical scars from emergency procedures
- • Permanent disfigurement affecting self-esteem
Frequently Asked Questions About Florida No-Fault Insurance
Do I need to have PIP insurance in Florida?
Yes. Florida law requires all registered vehicle owners to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in Property Damage Liability (PDL) coverage. Driving without PIP insurance can result in license suspension, fines, and penalties.
What happens if I don't see a doctor within 14 days?
Florida law requires you to seek medical treatment within 14 days of a car accident to qualify for PIP coverage. If you wait longer than 14 days, you may lose your right to PIP benefits entirely, except in limited circumstances such as emergency medical conditions that prevented earlier treatment.
Can I sue if my medical bills exceed $10,000?
Medical bills exceeding your PIP limits alone do not allow you to sue. You must also meet Florida's serious injury threshold. However, if your injuries are severe enough to exceed $10,000 in medical costs, they likely qualify as serious injuries, giving you the right to pursue additional compensation through a lawsuit.
Does PIP cover passengers in my vehicle?
Yes. PIP coverage extends to passengers in your vehicle at the time of the accident, as well as pedestrians or bicyclists you may injure. Each person injured can access PIP benefits up to the policy limits.
What if the at-fault driver has no insurance?
Your PIP insurance will still cover your medical expenses and lost wages up to policy limits, regardless of whether the at-fault driver has insurance. If you have Uninsured/Underinsured Motorist (UM) coverage, you may be able to recover additional damages beyond PIP limits.
How long do I have to file a lawsuit in Florida?
Florida's statute of limitations for personal injury lawsuits is generally two years from the date of the accident (reduced from four years in March 2023). For wrongful death claims, the limit is two years from the date of death. Missing this deadline typically bars you from recovering any compensation.
When Should You Hire a Florida Car Accident Attorney?
While minor accidents with only soft tissue injuries may be handled through PIP claims alone, you should consult an experienced car accident attorney if:
Serious Injury Cases
- • Your injuries may be permanent
- • Medical bills exceed $10,000
- • You suffered scarring or disfigurement
- • Injuries prevent you from working
Insurance Disputes
- • PIP insurance denies your claim
- • Insurance company undervalues your claim
- • Disputes about emergency medical condition
- • Challenges to serious injury threshold
Why Choose Cardinal Law?
- ✓No-Fault System Experts: We navigate Florida's complex PIP laws daily and know how to maximize your recovery
- ✓Serious Injury Threshold Experience: We've successfully proven threshold injuries for hundreds of Southwest Florida clients
- ✓Medical Network: We work with top medical experts who provide the documentation needed to meet threshold requirements
- ✓No Fees Unless We Win: We work on contingency—you pay nothing unless we recover compensation for you
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